Service to summons: A crucial step in the litigation process
What is the service of summons?
Service of summons is an authoritative call from the Court to attend the Court at a specified place and time. They are the initial state of a civil suit.
Simply put, summons is the legal document issued by Court seeking before it the presence of any individual involved in a legal proceeding. It is published from the office of Court requiring the individual to whom it is addressed to attend the Court for the purpose stated therein.
Service of Summons is a court-issued document that informs the defendant of a complaint that someone legally filed against him. An authorized individual like Sheriff files the complaint and turns it over to a process server for further action.
The person who receives the summons answers it promptly within the specific days; this prompts the plaintiff to serve the defendant promptly and prevents unprofessional procrastination or inadequate service.
As summons implies the possibility of a trial, the plaintiff is encouraged to settle the claim as soon as possible. They must act quickly when filing a case or risk the chance of dismissal of the case. Once summons are filed, the plaintiff must move speedily to attain service.
The time limit prevents dishonest plaintiffs from taking benefit of the defense. For instance, a deceitful plaintiff could delay claiming crucial evidence or witnesses were no longer obtainable.
If the initial court summons is not successful, the clerk must request another summons from the process server before they can proceed with the case. This second summon is referred to as an alias summons. It is also called pluries summons, a more general term that applies to the additional summons.
There are many reasons a person might ignore the first summons. Some defendants may move in order to avoid the serving process. It is also possible that the address on the first summons was incorrect and never reached the defendant in the first place.
When it comes to issuing summons, it is essential to find a reliable process server that will allow you to obtain the services you require in a way that is fast and convenient.
Different modes of serving summons
- By Court: The summons shall be delivered by the Court approved courier service or speed post. Service may be provided or transmitted by registered post acknowledgment due to either the defendant or such agent.
- By plaintiff: Court may, on an application by the plaintiff, permit the plaintiff to affect service of summon upon the defendant.
- On agents: When the suit regarding business or work is filed against the person who does not stay within the jurisdiction of the Court then the summons are served on any manager or agent personally carrying out such business or work.
- On Adult member: When the defendant is absent from their residence at the time of service of the summons, and there is no chance of him being found within a specific period of time, and he has no agent to accept the service on their behalf, summons is serviced on the adult family member.
Wrap up
Summons is a legal document issued by the Court to an individual in a legal proceeding to ensure their presence. It is issued to inform individuals of their involvement in legal proceedings and to offer them a chance to defend themselves.
